Integration And Enlightenment Of The Conflicting Values Of The Song Dynasty's Kinship La

"People depend on food".Cultivated land is almost the only way for people to obtain food,and food is attached to the land,so it can be said that land is the root of people’s survival.The neighbor law is attached to the sale of land real estate and emerged.The procedure of asking neighbors before selling or selling immovable property,such as land or houses,has a long history and was established as a written law in the Song Dynasty."Song Xing Tong" clearly stipulates: "should be sold,when the property,first ask the relatives,the relatives do not,then ask the neighbors,the neighbors do not,others have to trade." The reason why neighbors enjoy priority is not only related to the ancient Chinese traditional psychology of advocating kinship and not wanting the outflow of clan property,but also considering the rights and interests of neighbors,which is conducive to reducing the contradiction of access and irrigation of adjacent fields.This paper starts with consulting historical books,literature and monographs to sort out the evolution process of the neighborly method,observe the background and causes of the neighborly method in a more macroscopic way,and explore the value conflict and integration in the field house transaction.Through the literature and monographs,we can understand the reason why asking neighbors first was established as a written law in Song Dynasty.Theoretically,the policy of free sale of land in Song Dynasty had an impact on the patriarchal order.The tedious process of commodity transaction in Song Dynasty affected the efficiency of the transaction of field house,and the numerous lawsuits of field house made judges face the balance of the conflict between the patriarchal order and fair value.This paper provides a different perspective for the study of neighbor law by analyzing the legislative value of neighbor law in Song Dynasty and the pursuit of patriarchal order value,efficiency value and equity concept.Although the law of proximity was not reflected in the law books of the Ming and Qing dynasties,it was even banned by the government,which was regarded as the product that hindered the freedom of trade.However,in the Song Dynasty,the disputes surrounding the right of neighbor became more and more numerous.According to the actual situation,the rulers kept pace with The Times and revised the law of neighbor,which not only maintained the patriarchal order and coordinated the relationship between neighbors,but also promoted the efficiency of field and house trading and the fair trial of trading cases.In the construction of our rule by law society,there is also a conflict of legal value.The process of integrating the transaction value conflict of field house with the neighbor law tells us: in the current society,there is no social and economic condition for the existence of the neighbor law.There is no special preemption right of neighbor in the current law.This legal system,which has been spread for thousands of years,cannot be directly transplanted into the contemporary Chinese society.The value conflict and integration reflected in the generation and development of the contemporary value conflict and integration can also be used for reference.